212 h waiver

So half of our filing is dedicated to arguing case law, statutory intent, record of proceeding for the conviction setc.

Even if you are deportable because you were convicted of one of the following crimes, you may still be eligible for a h waiver:. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to finish by acquiring a green card for him. His attorney was Jennifer Rozdzielski. She is highly ethical, professional, trustworthy, and attentive. Jennifer made our dreams come true by helping keep our family together.

212 h waiver

To help you better understand h waivers, our California immigration lawyers discuss the following, below:. They are:. It is important to keep in mind that h waivers are discretionary. This means that even if an alien qualifies for relief, it will not necessarily be granted. A h waiver will be denied if the Attorney General determines that admission of the alien to the U. Finally, notwithstanding other eligibility, an alien is will find it difficult to receive a h waiver if the alien has been convicted of or admitted committing acts that constitute :. Note that these last two categories apply only to people who entered the country as lawful permanent residents, not to people who adjusted status to permanent residency while in the U. Aggravated felonies consisting of theft, fraud, counterfeiting, or other white-collar crimes are the most typical ones in which a stand-alone h waiver is granted. To qualify, a lawful permanent resident green card holder must have adjusted to permanency while in the United States as opposed to being admitted as a lawful permanent resident at the border or its equivalent, such as an airport. Immigrants who were admitted to the U. These residents must have resided lawfully in the U. Importantly, this 7 year period does not stop running when the immigrant is arrested or found guilty of the underlying crime. As long as the alien lived in the U.

Privacy Policy. Please do realize however that past results do not constitute a guarantee212 h waiver, warranty, or prediction regarding the outcome of your legal matter. What crimes can be waived with a h waiver?

Section h of the Immigration and Nationality Act provides a discretionary waiver for the following criminal grounds of inadmissibility:. INA h 1 A provides that certain grounds of inadmissibility under section a 2 A i I - II , B , and E of the Act may be waived in the case of an alien who demonstrates to the satisfaction of the Attorney General that:. INA h 1 B provides that certain grounds of inadmissibility under section a 2 A i I - II , B , D - E of the Act may be waived in the case of an alien who demonstrates that his removal from the United States would result in extreme hardship to his United States citizen or lawful resident parent, spouse, son, or daughter. In evaluating extreme hardship to a qualifying relative, factors to be considered include, but are not limited to:. The Attorney General, however, may not grant a waiver in the case of an alien who has been convicted of, or admits committing murder or criminal acts involving torture or an attempt or conspiracy to commit murder or a criminal act involving torture.

INA l - Surviving relative consideration for certain petitions and applications. INA c 2 B i - Waiver of grounds of inadmissibility for special agricultural workers. INA a 1 - Health-related grounds. INA a 6 C i - Illegal entrants and immigration violators - misrepresentation. INA a 9 B v - Waiver of the 3-year or year unlawful presence bar. INA d 13 - Waiver of grounds of inadmissibility for T nonimmigrants. INA d 3 - Nonimmigrant waiver of inadmissibility. INA g - Bond and conditions for admission of alien excludable on health-related grounds.

212 h waiver

Under the Immigration and Nationality Act INA , [1] admissibility is generally a requirement for admission to the United States, adjustment of status, and other immigration benefits. Each of these statutory provisions conditions a waiver on both a finding of extreme hardship to one or more qualifying relatives and the favorable exercise of discretion. The various statutory waiver provisions specify different categories of qualifying relatives and permit waivers of different inadmissibility grounds. The provisions include:. INA a 9 B v — Provides for waiver of the 3- and year inadmissibility bars for unlawful presence. INA h 1 B [8] — Provides for waiver of inadmissibility based on crimes involving moral turpitude, multiple criminal convictions, prostitution and commercialized vice, and certain serious criminal offenses for which the noncitizen received immunity from prosecution. INA i 1 — Provides for waiver of inadmissibility for certain types of immigration fraud or willful misrepresentations of material fact. The factors discussed in this guidance apply to any waiver application in which the applicant must establish extreme hardship to a qualifying relative. See Delegation No.

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INA h 2. Unfortunately, she got into trouble with the law and was convicted for shoplifting on several occasions. Carl was featured in SuperLawyers Magazine. If you or someone you know is at risk of removal from, or inadmissibility to, the United States we invite you to contact us for a free consultation. I keep tabs on your case as it is being processed, keeping you up to date on its status as well as notifying you of any relevant changes in immigration laws and procedures. To qualify, a lawful permanent resident green card holder must have adjusted to permanency while in the United States as opposed to being admitted as a lawful permanent resident at the border or its equivalent, such as an airport. Jennifer made our dreams come true by helping keep our family together. She had a thriving career back in India, but was not authorized to work in the United States. I respond to phone calls and emails throughout the day and evening and can engage in video conferences via Skype so that questions can be answered in face-to-face meetings regardless of where you are located. Under 8 C. The foreign national is the spouse, parent, son, or daughter of a U. Holder, end note 7. As many new immigrants do, the couple faced several challenges as they struggled to assimilate to their new life in the United States.

Even if you are deportable because you were convicted of one of the following crimes, you may still be eligible for a h waiver:. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to finish by acquiring a green card for him. His attorney was Jennifer Rozdzielski.

I utilize the latest in secure technology to effectively represent my clients no matter where they may reside. We will prepare and submit a sound legal argument that is persuasive and warrants a favorable exercise of discretion. Home About Dawn C. A person represented by an experienced immigration attorney is more likely to have their waiver approved. Even if you are deportable because you were convicted of one of the following crimes, you may still be eligible for a h waiver:. Once this petition was approved, Michelle filed two applications: an application to become a permanent resident, and an application for a waiver of inadmissibility under section h of the Immigration and Nationality Act. Green Card through Marriage. As a result, she became very depressed. Further, even if the applicant demonstrates that he merits a grant of discretion under the waiver, he must also establish that he meets the terms, conditions, and procedures of the regulations promulgated by the Attorney General. Since U. Applying for a h waiver is an extremely complex process. They are:.